Condo conundrum

[Tishabet]

OK guys, here is the scoop... I'll try to be short.

I live in a condo building which has four units total, each occupying one floor of the building. The top two floors are residential, bottom two are business. The basement business has not been doing well financially. They're about 8 months behind on condo fees etc., which is a whole other saga for another day. The unit was purchased in 2006 and is legally owned by one person (let's call this person Bob) but the business is currently operated by another (let's call this person Sally). Sally and Bob were a long term (but unmarried) couple when the place was purchased, but it was purchased solely in Bob's name. About a year ago they broke up and nobody has seen Bob since, and Sally has gone on operating the bar and apparently paying the mortgage but has stopped paying condo fees.

Today the manager of the bar (Sally) told us that she is going to shut down the business and walk. She says that she has no contact with Bob and she doesn't know how (or isn't willing) to get in touch with him. Bottom line is that I have tried to track down the legal owner but have been unsuccessful.

So that's the background, and here's the crux of my post:

Within their unit there is a designated "common area" which contains utility access for the entire building like our water meters, electrical meters, fire alarm board etc. Sally has steadfastly refused to give the condo trustee a key to her unit to access this common area (we would always give several days notice etc of course) and also refuses to put a copy of the key in the fire dept box in our building, which has meant that the last two times the fire alarm went off the fire department literally took her door of the hinges in order to gain access to her unit and the alarm board. Sally is refusing to leave a copy of the key when she shuts down. I assume there will be several months at least before the bank takes legal possession of the unit. In the meantime we will need access to the unit for a yearly insurance inspection next month, a yearly elevator inspection in March, etc.

I assume that once the bank takes possession we will be granted access, but in the interim what the heck do we do about getting into her unit? The consequences of not getting in there for the insurance inspection for example could be disastrous.

[daepp]

Why do you think she wants to keep you and other legal entities out of the space?

[legion]

Maybe that's where she put Bob?

[stomachmonkey]

Originally Posted by legion

Maybe that's where she put Bob?

Beat me to it.

[stomachmonkey]

Oh I get it now.

The "common area" is inside the bar, her unit. She does not want to grant access to her business.

So you are saying there is nothing in the covenants that mandates the building manager has the legal right to enter her unit to access the common area?

I would think you'd be within your rights to change the locks and give her a copy of the new key.

But I'm no lawyer.

[Tishabet]

It's definitely in the covenants that the association be given access to the space with reasonable notice etc.
I have no idea why she refuses to hand over a key, the business is a bar... Maybe they think I will sneak in and drink their booze? We didn't really push the issue in the past, and I figured the episodes with the FD would have shown them the light.

[widgeon13]

Get ahold of the bank that holds the paper on the condo and ask them to get keys and give access if necessary. Seems to me it could be an issue of safety and required by insurance if common area has all fire control and utility meters.

[Zeke]

Sounds like the local code enforcement officer could straighten that out in a minute. Although one of his tactics would be to cancel the business permit which seems moot at this point. Still, local municipal or county officials shroud be contacted.

[A930Rocket]

I thnk Milt has it. That and the fire dept can give her a stop work order. Once she's in default, I would imagine the /bankboard would be able to change the locks and NOT give her a key.

Get the new key in the FD lockbox asap after re-keying. Sally won't have access to the key in there.

[Dantilla]

Clearly against (at least here in Washington State) building/fire codes.

You will get access, but not until after you take appropriate action.

[Joe Bob]

Turn the tub on in the 2nd floor crapper.....walk away.